The Court allowed a bail application under the Prevention of Cow Slaughter Act, granting relief to applicants Usman and Ninna based on parity with co-accused, releasing them on a personal bond and sureties upon standard conditions.
Release of applicants on bail upon furnishing a personal bond and two sureties each.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20475 of 2018
Applicant :- Usman And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against six accused persons, namely, Gulzar, Usman, Maroof, Ninna, Lukman and Abdul Rauf alleging that on 27.02.2018 four persons, namely, Gulzar, Usman, Maroof and Ninna were arrested by the Police personnel, whereas other managed to escape; 110 Kg. beef and instrument relating to slaughtering were recovered from the spot.
Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The role of the applicants is identical to that of the coaccused, namely, Gulzar and Maroof, who has been granted bail by Co-ordinate Bench of this Court on 29.05.2018 in Criminal Misc. Bail Application No. 20141 of 2018, hence they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 27.02.2018 (more than four months); having no criminal history; there is no independent witness against the applicants and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail and admitted that the applicants have got no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Usman and Ninna involved in Case Crime No. 29 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Fateypur, District Saharanpur be released on bail on furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned with the following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.7.2018 NS
2 issues framed by the court
Whether the applicants are entitled to bail on the ground of parity with co-accused already released.
Whether the case is a fit case for granting bail under the Prevention of Cow Slaughter Act.
1 provisions across 1 enactments
Usman
And Another
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
